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(영문) 춘천지방법원강릉지원 2015.08.11 2014나5651
물품대금반환
Text

1. The defendant (Counterclaim plaintiff)'s appeal is dismissed.

2. The costs of appeal are assessed against the Defendant-Counterclaim Plaintiff.

purport, purport, and.

Reasons

1. Basic facts

A. On August 5, 2013, the Plaintiff entered into a sales contract with the Defendant, and purchased KRW 125,400,000,000 for KRW 125,400,000,000 for KRW 12,000,000 for a contract deposit, the date of the contract, the intermediate payment of KRW 24,00,000,000 on August 25, 2013, and the remainder of KRW 89,40,00 on September 30, 201 (hereinafter “instant lump sum sales contract”).

(B) concluded the 18,400 square meters for Defendant’s cultivation, 1,400 square meters for D’s cultivation, and 3,000 square meters for E’s cultivation.

[2] On the other hand, the terms and conditions of the instant sales contract include the following: “The ordinary number of products is measured by GPS, miscellaneous removal, and cruel farming business owner’s liability.”

B. The Plaintiff paid 36 million won in total to the Defendant according to the instant sales contract, and the Defendant paid 2.2 million won in total among the contract deposit and intermediate payment received as above to D, and 4 million won in total to E.

C. On September 30, 2013, the remaining payment date, the Plaintiff refused to accept the Plaintiff with the view to having a low commercial value.

In addition, an agreement was made to reduce a considerable portion of the balance to be paid initially with D, E, to the amount corresponding to the ratio corresponding to D, E’s cultivated portion, and on October 10, 2013, paid 3 million won to D, and 6 million won to E as each balance and take over the worship cultivated by them.

On October 13, 2013, the Defendant sold 57 million won a sales slip cultivated by F to F. The Defendant received KRW 57 million a total of KRW 27 million on October 23, 2013 and KRW 57 million on October 28, 2013.

【Ground for recognition】 The fact that there has been no dispute, Gap's 1, 3, 4, 5, Eul's 1, 5, Eul's 6 and 7, each entry of Eul's 1, 2, witness D's testimony and the whole purport of oral argument

2. Summary of the parties’ assertion

A. The Plaintiff’s instant case around September 2013.

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